Siddique Sk @ Siddique Sekh v. State Of West Bengal

08.05.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1904 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 218 of 2023 dated 19.03.2023 under Sections 498A/436/325/307/376/511/506/34 of the Indian Penal Code, 1860.

And In Re : Siddique Sk. @ Siddique Sekh ...... petitioner Mr. Asraf Mondal ....for the petitioner Mr. S. G. Mukherjee, learned Pubic Prosecutor Ms. Faria Hossain Ms. Baisali Basu ....for the State Petitioner claims that, the present police complaint is a counter police complaint on the earlier police complaint lodged at the behest of the petitioner, inter alia, under Section 436 of the Indian Penal Code.

Apparently, there is some substance in such submission as appears from the materials in the case diary. There is also a delay of two months in lodging the complaint with the police.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the

satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer as and when called for till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)